State v. Benton

OGG, Judge.

The sole question presented in this appeal is whether or not a trial judge at sentencing is required to credit a defendant with time served on probation.

The defendant, Elgin Benton, entered a plea of not guilty to the initial charge of first degree burglary. Pursuant to an apparent plea bargain he later entered a plea of guilty to the crime of accessory after the fact, in violation of A.R.S. §§ 13-141 and 13-143.

On July 15, 1971 the court suspended the imposition of sentence and placed him on probation for two years from that date. He was later convicted on a robbery charge that…